Kingsman Consultancy Sarl (“our Company”, ‘we’, ‘our’, or ‘us’) respects your privacy when you communicate (whether online or offline) with us through our website at www.ecruu.com (“our Website”), our ECRUU news update mobile application and other applications made available by our Company (collectively “App”), email, telephone, text messaging and/or offline programmes and events (collectively “Communication Channels”)
B. In order for you to maximise the utility of our Website and App, access our services, products, news summaries, request information from us, take-part in our promotions, text messaging programmes, telephone promotions, offline and online programmes and other events, receive our marketing mate-rials, newsletters or updates for information and/or promotion regarding our services, our products, our subscription plans, and other related matters (our newsletters, news summaries, news extracts, blog, updates and/or promotions shall be collectively referred to as our “Updates”), your Personal Data (as defined in clause 1.2 below) and/or your Confidential Information (as defined in clause 1.4 below) has to be provided to us, and we will need to keep and use your Personal Data and/or Confidential Information in order to fulfil the purpose for which you have contacted us, subscribed to our App, our Website, Updates and/or services.
1. Types of Data Collected
1. When you visit or access our Website, App, social media channels, other Communication Channels, sign-up for any of our Updates, email us, call us, take part in our text messaging programmes and/or in offline or online programmes and events, we collect Personal Data and Anonymised Data.
1.2 “Personal Data” refers to information, whether true or otherwise, with personal identifiers that can be used separately or collectively to identify an individual, such as name, address, NRIC or other identification number, mobile number, phone IMEI, email address, birthdate, gender, in-come range, trading preferences, trading accounts, residency status, bank account details, and credit card details, but excludes information that is publicly available (including but not limited to Social Media Data).
1.3 “Anonymised Data” refers to information that is not associated with or linked to your Personal Data and cannot be used to identify individual persons.
1.4 “Confidential Information” refers to sensitive or proprietary information of an organization (incorporation, partnership, or other similar forms of legal entity) that is not available in the public domain, such as the annual turnover of an exempt private company, or information of an individual that is private but does not constitute Personal Data.
1.5 “Social Media Data” refers to information that would have been deemed as your Personal Data but is generally not protected as such due to your voluntary disclosure of such information to the public domain via a social media platform (example, Facebook, Twitter and LinkedIn), including but not limited to your social media accounts’ information such as name, birthdate, email address, list of friends, and any other additional information or activities that you permit the third party social media platform to share with us.
2. Collection of Anonymised Data
2.1 When you access our App, our Website, and/or email us, we collect Anonymised Data about you via the application of generally acceptable web technologies including but not limited to “web beacons”, “cookies”, “clear GIFs”, “widgets”, “online evaluations”, “surveys”, “HTML5”, “dynamic device identifiers”, and third-party web analytics such as “Google analytics” (collectively, “Acceptable Technologies”). This automatic col-lection of non-personal information includes (without limitation) collection of your IP Address, the web browser software that you used, the type of smartphone or tablet that you may be using, the operating soft-ware/platform of your device, your sign-up(s) for any Updates or information via our Website and/or App, the specific pages of our Website viewed by you, the specific categories or features in our App accessed by you, any third party application used in conjunction with our App, your downloading of related applications, and third party websites that you may have visited prior to our Website. Our purpose for the aforesaid collection of information is for us to understand the preference of our visitors and users so as to enhance and facilitate the ease with which you are able to access or use our Website and our App.
2.2 As part of the Anonymised Data that we collect, when you access our Website via your mobile device or tablet, we will also collect information regarding the type of mobile device or tablet that you are utilising so that our Website and/or App can provide you with the version of our Website and/or App best suited for access via your mobile device or tablet.
2.3 If you do not consent to our collection of Anonymised Data, please adjust the settings on your computer, tablet and mobile device to block or disable our use of the Acceptable Technologies. In the event that you choose to access our Site without blocking or disabling or opting out of the Acceptable Technologies, such access by you will constitute your consent to our use of the Acceptable Technologies and our collection of information thereto.
2.4 To better assist you in understanding the generally accepted technology used in our collection of Anonymised Data:-
2.4.1 “IP Address” refers to a number that is automatically assigned to your computer when you access the Internet. Under certain circumstances, your IP Address remains the same from browser session to browser session. However, in the event that a consumer Internet access provider is utilised, your IP Address will likely vary from session to session. We track IP Addresses solely in conjunction with session cookies to analyse the flow of webpages on our Website.
2.4.2 “Cookies” refer to small pieces of data that a website sends to your computer’s hard drive or mobile device’s internal storage while you are viewing the said website. Our Website utilises both session cookies (they expire the moment your Internet browser is closed) and persistent cookies (they will remain in your computer and your mobile device until you actively take steps to delete them) so as to provide you with a more personalised and interactive experience on our Website. By changing the options on your Internet browser and adjusting the settings in your mobile device (subject to your version of operating system and your device’s features), you can control whether to accept or decline cookies.
2.4.3 “Clear GIFs” refer to clear electronic images that are used to track your opening of webpages on our Site and your pattern of brows-ing our webpages, for the purpose of allowing us to assess the attractiveness of the content on our Site, and the flow of webpages and layouts that appeal to you. Clear GIFs are also commonly known as “web beacons” and may be included on our Site, and generally works in conjunction with cookies to identify users and user behaviour. Some of our HTML based emails also utilise Clear GIFs in order for us to assess what are the emails we sent that have been opened and acted upon. Clear GIFs collect only limited data, such as a cookie number, the time and date of when a particular webpage on our Site is accessed, and a description of the webpage on Our Site in which the clear GIF resides. Such collected Anonymised Data helps us to determine the effectiveness of the way our webpages are arranged on Our Site, our modes of communications and promotional campaigns.
2.4.4 “Third-party web analytics” refer to services provided by third party service providers for the assessment, analysis, measurement and reporting of the behaviour of visitors to a website in order to assess and improve the effectiveness of the website. One of the most well-known third-party analytics service is “Google Analytics”.
2.4.5 “HTML5 local storage” refer to caching services utilizing primarily a cache manifest file, which allows for storage of your preferences offline which will then be updated and synchronized when you go online.
2.4.6 “Dynamic device identifiers” refer to “identifier for advertisers” or “IFA”, which is a random, anonymous number assigned to a user of the iPhone or iPad and is temporary, allowing it to be blocked like a cookie. When a user views an application or browses the internet, the user’s presence generates a call for an advertisement as the publisher’s site that the user is viewing will pass the IFA to the ad server and the advertiser is then able to serve the user with an advertisement relevant to the topic being viewed. IFA can also be used to identify whether the advertisements resulted in users downloading applications or purchasing products that were advertised. The IFA does not identify the user personally, it provides an aggregated audience data that advertisers can target with advertisements. IFA can be opted out of via the settings in the user’s device (by default, the IFA is enabled), subject to the availability of such options in the version of your operating system and the features of your device.
3. Your Consent to our Collection, Retention and Use of Personal Data and Confidential Information
3.1 In order for our Company to provide you with our services and products, you agree and consent to our Company collecting, using and retaining your Personal Data and/or Confidential Information as follows:-
(i) When you sign up for our Updates, or you email or call us with any queries, you will be required to provide us with your Personal Data and/or Confidential Information in order for us to add you to our mailing list, or to revert to your queries.
(ii) When you sign up for any Updates, register for any accounts, sub-scribe to our services, enrol for any membership or loyalty pro-gramme, utilise any of our Communication Channels, participate in text messaging programmes, enter into a subscription plan, or other promotional campaigns, offline and online programmes and events that we provide, we will require your Personal Data and/or Confidential Information in order to keep a record of and provide you with the benefits that accompany your subscription plan, membership programme, text messaging programmes, and/or promotional campaigns (whether online or offline). Unless you terminate your subscription plan, withdraw from our membership programme or promotional campaigns, or our relevant promotional campaign ends, we will keep your Personal Data for as long as you are still part of a subscription plan, our membership programme and/or promotional campaigns (whichever is the later) so that we can pro-vide you with the relevant benefits. In relation to your Confidential Information, we will retain them for as long as we are of the reason-able opinion that you may still be interested in our Company’s products services so that our Company can be expeditious in the provision of our services whenever you should seek a delivery of any of our products or our assistance.
(iii) In the event where we should use Google ads and when you click on any of our Company’s Google ads or other internet based advertisements for more information regarding our services or our Web-site or our mobile application, we collect the Personal Data and/or Confidential Information that you provide in order to follow up with you pertaining to your interest in our products, services and/or our Website.
2. In addition, we will retain your Personal Data and/or Confidential Information where necessary and for such duration as may be required in or-der for our Company to comply with applicable laws and regulations, assist in any legal investigations, meet the demands from any regulatory or law enforcement bodies, for utilization in legal proceedings, minimizing fraud, collection of debts, repayment of loans, resolving disputes, identifying issues, enforcing contractual breaches and/or claiming for damages.
4. Disclosure of Personal Data and Confidential Information
4.1 We may need to disclose your Personal Data and/or Confidential Information to Published At:-
(i) third party service providers in order for us to facilitate your access to and use of our Website, utilise our App, access our text messaging programme, for us to contact you as you may have requested via our Website or telephone, for us to maintain and update your records to ensure that you receive our replies to your queries, for us to follow up on any delivery of news summaries, products or services that you may have requested for, and to provide you with any other updates and perks accompanying your participation in our subscription plan, membership programme and/or promotional campaigns. The aforesaid third party service providers have a con-tract with us to perform the services necessary for you to use our Website, our App, receive Updates and/or our services or products that you might have ordered, and such third party service providers therefore include but are not limited to webhost companies, website maintenance companies, database storage companies, membership programme service providers, app stores, app maintenance providers, companies that assist to perform mass mailing on our behalf, courier and logistics companies, etc.;
(ii) our book-keepers, accounting firms, audit firms, law firms and/or other professional advisory firms who are maintaining our records in accordance with legal requirements;
(iii) governmental, regulatory or law enforcement bodies who have a legal right to demand for your Personal Data and/or Confidential In-formation;
(iv) credit bureaus, credit rating agencies and fraud preventing companies for the purpose of minimizing fraudulent activities via your Personal Data and/or Confidential Information; and
(v) our affiliated or related companies and/or third parties to whom we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our Company’s assets (which may include your Personal Data), in the course of a corporate divestiture, corporate restructuring, merger, acquisition, joint venture, bankruptcy, dissolution, reorganisation, or any other similar transaction or proceeding.
5. Transferring Personal Data out of Switzerland
5.1 Pursuant to the purposes and activities as set out in sections 3 and 4 above, it may be necessary for us to transfer your Personal Data out of Switzerland. You hereby agree and consent to the aforesaid transfer, on the understanding that the recipients of such Personal Data are also subject to applicable laws or contractual obligations similar to the obligations as set out in the Federal Act on Data Protection.
6. Accurate and Complete Personal Data and Confidential Information
6.1 In order for us to provide you with access to our Website, our App, our text messaging programme, our other Communication Channels and all their respective associated functions, our services and our products, and to perform the activities as set out in sections 3, 4 and 5 above, you warrant that the Personal Data (and/or Confidential Information) that you provide to us is accurate, and that all Personal Data (and/or Confidential Information) as may be relevant for that particular purpose/circumstance has been provided.
7. Do-Not-Call (“DNC”) Provisions and Registries
7.1 We respect your selections in relation to the channels via which you wish to receive our Updates. Therefore, if you have registered your telephone and/or fax number with the Do-Not- Call Registries in relation to telephone calls, text or fax messages, we will not send you any Updates via the channels that you have opted out of by registering with the Do-Not-Call Registries. However, if you have previously consented to our sending you Updates via your telephone number (calls or text messages) and/or facsimile number, we will continue doing so until you withdraw your consent by contacting our Data Protection Officer at email@example.com.
8. Withdrawal of Consent
8.2 Should you wish to unsubscribe to our email updates, please click the “unsubscribe” option made available in our emails to you. Please note however that this may result in our being unable to make available to you updates on our products and services, your benefits under our member-ship programme and any ongoing promotions.
8.3 Should you wish to unsubscribe to any of our mobile applications or text messaging programmes, please utilise the “unsubscribe” or “termination” option that may be available on the application itself. If such option is not available, kindly email us at firstname.lastname@example.org
9. Access and Correction of Personal Data and Confidential Information
9.1 Should you wish to access, update or make corrections to your Personal Data and/or Confidential Information held with us, or if you wish to receive further clarifications on your Personal Data and/or Confidential In-formation held with us, please email our Data Protection Officer at email@example.com.
9.2 There will be no administrative fees or other charges levied for any re-quest to correct or update your Personal Data and/or Confidential Information. However, for all other requests such as accessing your Personal Data and/or Confidential Information held with us, obtaining a record of when you accessed our Website or App, the date of your requests for in-formation, etc., a reasonable administrative fee may be levied depending on your request as time and resources will be spent in accommodating your requests.
10.1 Our Website, our App, our Updates and our services are not meant for persons who may be defined as minors under applicable law. We do not knowingly collect Personal Data from minors, however, through the Internet, we are not able to ascertain on our end whether such individuals are minors. It is thus the responsibility of parents or guardians to ensure that their minors do not access our Website, download or access our App, email us, or provide us with Personal Data without their parental/guardian’s consent. If a parent or guardian becomes aware that his or her minor has accessed our Site or provided us with Personal Data with-out his/her consent, he or she should contact our Data Protection Officer at firstname.lastname@example.org promptly. If we become aware that a minor under 18 has provided us with Personal Data without their parent or guardian’s consent, we will delete such information from our records.
11. Security Measures for Protection of Personal Data and Confidential In-formation
11.1 We ensure that our Website and App are protected by reasonable security measures afforded by current technology, and that all our data hosts and servers are similarly protected by such security measures, including but not limited to firewalls.
11.2 Your Personal Data and Confidential Information is kept securely and protected against unauthorized access and disclosure. We utilise security means such as (without limitation) password protection, encryption, locked and restricted access. We have strict policies in place restricting access to Personal Data and Confidential Information to only our author-ized personnel on a need-to-know basis.
12. Third Party Sites, and Social Network Sites
11.3 The association of our Website and App with the Social Media Sites makes available certain features which, when used by you, may result in information being made available from your accounts with the Social Media Sites to our Company. Such information which we collect about you shall constitute public information that is available in the general domain because such information was made publicly available by the Social Media Sites. Should you prefer that we do not collect your information from the Social Media Sites, please (i) do not use the features or links that associates our Website and/or App with the Social Media Sites; and (ii) adjust the settings in your accounts with the Social Media Sites to prevent the sharing of your information with our Site and mobile ap-plication. Please note that our Company cannot control nor is our Company howsoever responsible for the sharing of your information by the Social Media Sites with third parties.
11.4 One of the features which you may see available on our Website and App in association with the Social Media Sites, is the “like” feature by Face-book, and other similar functions provided by other Social Media Sites. When you “like” our Website or App or our products or services, information about our Website or App, our products and services will be made known to your network within your Social Media Sites’ accounts via a variety of methods employed by the relevant Social Media Site. Your information may also be made known alongside with our products or services that you have liked pursuant to the methods/channels made available by Social Media Sites in relation to such features. If you are not agreeable to the aforegoing, please instruct the relevant Social Media Site or adjust your account settings with the Social Media Site. Please note however that we are not obliged to display on our Website or any related webpages (whether on Social Media Sites or otherwise) any of your information, including but not limited to your photo or name, even if you “like” our Website, our App, our products or services. In the event that any of your information, product or service endorsements (including your liking of our Website, our App, any of our Company’s products or services, or third party products or services featured on our Website or App) appear on our Website or any related webpages (whether on Social Media Sites or otherwise), we shall have the right in our sole discretion to remove such information or product/service endorsements from our Website or any related webpages.
12. Governing Law and Jurisdiction
Version: 1 September 2016